Applicable NIJ Standard. The Virfex, Inc. (“Virfex”) products available to purchase on this website (the “Product(s)”) have been tested at a laboratory accredited by the National Institute of Justice (“NIJ”) and independently verified to meet or exceed the minimum ballistic resistance performance specified under the following NIJ Standard (the “Standard”): Ballistic Resistant of Body Armor – NIJ STD-0101.06, against the threat level designated on the product’s label. Virfex’s statement that the Product meets or exceeds the Standard is valid only for new and unused product as of the time of sale, and is subject to all of the limitations and qualifications set out below.
Scope and Duration of Our Express Limited Warranty; Sole and Exclusive Remedy.
a. Subject to all of the terms and conditions of this document, Virfex warrants to the original purchaser (“Purchaser”) only that: (1) the Product has been tested against the Standard described in Section 1 above; and (2) that for a period of sixty (60) months after the date of sale to the end user, the Product shall be free from defects in material and workmanship. The sole and exclusive means for determining whether the foregoing expressly limited warranty has been met will be the performance of the examination and optional testing protocols described in Section 2.b. below. Where the date of sale cannot be clearly established and/or documented, Virfex’s warranty period shall be held to commence on the date of commencement of manufacture of the lot from which the relevant Product unit was made. The Product must be used and maintained in strict accordance with the instructions set out in this document and in our Product specifications, and compliance with all of the foregoing is a condition precedent to any warranty claim. IN NO EVENT SHOULD THE PRODUCT OR ANY VIRFEX PRODUCT BE RELIED UPON AFTER THE EXPIRATION OF THE SIXTY (60) MONTH WARRANTY TERM.
b. In the event that Purchaser returns a Product unit based on a claim that the Product has not complied with our express limited warranty in this document, Virfex will use reasonable commercial efforts to examine the returned unit (if made available by Purchaser); and to verify and determine the cause of the alleged breach of the warranty (e.g., by examining whether multiple units of Product that were manufactured from the same lot of ballistic material have been returned). Virfex may, at its discretion, conduct additional testing of the returned unit or other units of Product from the same lot (if either is available). Notwithstanding any contrary provision or representation, whether the Product unit in question complied with the Standard shall be determined exclusively by Virfex based on its internal examination and, if conducted, the testing described above. Any ballistic performance or other tests performed by Purchaser or any other third party shall not be valid in any manner whatsoever for purposes of warranty claims. For the avoidance of doubt, the Product warranty is limited to only those threats specifically identified in the Standard designated above, and does not extend to any special or other threats not specifically identified in the Standard. If Virfex in its sole and absolute discretion determines that a product does not conform to the express limited warranty in Section 2.a., Virfex shall at its election replace, repair, or issue a pro-rated purchase price credit for such Product unit. Such repair, replacement or refund shall be Virfex’s sole obligation and Purchaser’s sole remedy with respect to a breach of warranty claim. A Return Materials Authorization (“RMA”) number must be obtained from Virfex prior to returning any Product. RMA number requests and all other warranty-related correspondence should be directed to firstname.lastname@example.org. All returns shall be made to Virfex’s manufacturing facility indicated in the RMA and must include: (1) proof of date of purchase; and (2) documentation (including, where available, images of the damage) specifying the claimed defect and all relevant supporting information. All warranty claims must be made within 30 days after Purchaser becomes aware or should become aware of any facts supporting the warranty claim.
c. No Third-Party Beneficiaries. This warranty is available to Purchaser only. There are no third-party beneficiaries to this Warranty.
Disclaimer of Any Other Express Warranties and Implied Warranties; Limitation of Liability; Waiver of Liability; Assumption of Risk; Compliance with Law/Severability.
a. Warranty Disclaimer. The express limited warranty in Section 2.a. above is the sole and exclusive warranty made by Virfex with respect to the Product. Other than through an express written agreement signed by an authorized Virfex officer and our original Purchaser, our warranties may not be altered. Without limiting the generality of the foregoing, our warranties may not be and are not expanded or altered by any terms or conditions on a Purchase Order; by any representations, descriptions, course of dealing, trade usage, technical advice, service, samples, models, or marketing materials; or by any acts, statements, or agreements done or purported to be made by any third party (e.g., by any distributor, dealer, or agent of Virfex). VIRFEX MAKES NO OTHER WARRANTIES – EXPRESS, IMPLIED, OR STATUTORY – INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, OR NON-INFRINGEMENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
b. LIMITATION OF LIABILITY. IN NO EVENT SHALL VIRFEX (OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, OR OTHER AGENTS) BE LIABLE FOR ANY OF: (I) THE COST OF REPLACEMENT PRODUCTS; (II) ANY PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ANTICIPATED OR LOST PROFITS, INCIDENTAL DAMAGES, LOSS OF TIME, OR OTHER INDIRECT LOSSES OR EXPENSES THAT ARISE FROM ANY CAUSE RELATING TO OUR PRODUCT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, RELATED TO ULTRA-HAZARDOUS ACTIVITIES, OR OTHERWISE, AND REGARDLESS OF WHETHER VIRFEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (III) DIRECT DAMAGES EXCEEDING THE PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCT UNIT(S) GIVING RISE TO SUCH PURPORTED LIABILITY.
c. WAIVER OF LIABILITY. You knowingly and voluntarily agree to release from liability, not to sue, and not to bring any claim or legal action against Virfex or any and all of its owners, affiliates, partners, officers, employees, contractors, directors, agents, representatives, or assigns (all collectively referred to as the “Releasees”) for any personal injury, death, or for any damage to or loss of property, however caused, that you suffer as a result of, arising out of, or in connection with, your use of the Product. YOU AGREE THAT YOU ARE RELEASING ANY AND ALL CLAIMS AGAINST THE RELEASEES, INCLUDING, BUT NOT LIMITED TO, CLAIMS INVOLVING THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASEES.
d. ASSUMPTION OF THE RISK. By purchasing and using the Product, you knowingly and voluntarily assume any and all risks from your use of the Product, including but not limited to those listed in Section 4.b.i below, and which include, but are limited to, the risk of serious and permanent physical injury or death from any cause. You are assuming any and all risks from your use of the Product—whether or not such risks are inherent risks.
e. Compliance with Law/Severability. Certain jurisdictions do not permit certain limitations on warranties or remedies. If any provision hereof is held to be ineffective or invalid as a result of such laws, the remaining provisions will nevertheless be given full force and effect.
Conditions Precedent to and Limits on Warranty Coverage.
a. Modification and Misuse. Virfex has delivered the Product units ready for use only in strict accordance with its specifications and related installation instructions. Our express limited warranty above applies only to our Products as originally manufactured by or for Virfex. Our warranty shall be void as to Product units that have been changed, modified, or altered in any way by any person or entity other than Virfex. Our warranty also shall be void as to any Product unit that has been subjected to misuse, abuse, accident, neglect, breakage, alteration, damage, improper storage or handling, theft, or any repair or service not performed by Virfex. For the avoidance of doubt, “misuse” for this purpose includes but is not limited to any one or more of the following: cutting, piercing, or attempting to shape all or any portion (e.g., the outer layer) of the Product unit; applying glues, solvents, or other chemicals to the Product unit; exposing the Product unit to extremes of temperature, humidity, or other environmental conditions (whether in use or in storage); attempting to use the Product unit other than in accordance with Virfex’s usage instructions; or taking any other action that would tend to expose or damage the ballistic resistance technologies incorporated within the Product unit. In addition to voiding the warranty, any of the foregoing actions or events could cause the Product unit to fail and could expose the user to increased risk of serious injury or death.
b. Specific Product Usage Limitations and Product Warnings.
FAILURE TO CLOSELY FOLLOW ALL WARNINGS AND INSTRUCTIONS WILL VOID ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY BALLISTIC PERFORMANCE WARRANTY, AND COULD LEAD TO SERIOUS INJURY OR DEATH.
Without limiting the effect of Section 4.a. above, or of the sentence immediately preceding this one, the following instructions and warnings are a non-exclusive list of instructions and warnings that are important to the proper use of the Products. The warnings below further define and limit the scope of Virfex’s limited express warranty. Failure to follow the instructions below will void our warranty obligations.
i. Any police response, combat situation, or other hostile environment is inherently hazardous. The Product will not provide protection from all threats potentially faced. The Product is a last resort measure to reduce risk after all other actions and methods to preserve personal safety have failed. Without limiting the generality of the foregoing, the Product is not designed to protect against bursting munition threats such as improvised explosive devices (“IEDs”), mines, hand grenades, mortar fire, or sharp-edged or pointed objects. Additionally, should the Product be struck by a projectile close to the panel’s edge, the Product’s ability to dissipate the projectile’s energy may be adversely impacted.
ii. Do not remove or obscure the affixed Product label. It provides important information specific to the Product including the Standard and the types of threats against which the Product has been tested, as described above. Your removal or obscuring of the Product label or messaging will void our warranty, and also could cause increased risk of serious injury or death.
iii. Purchase this Product only if it is appropriate to your threat risk. It is your obligation to determine in advance if the Product is designed and tested against these types of threats. Without limiting the generality of the foregoing sentence, the Products are designed to lessen the risk of injury or death from those threats indicated on the affixed Product messaging and as described in the Standard. User should read and fully understand that Standard’s various threat levels, and the limitations on the protection afforded by each.
iv. Even for those threats included within the Product’s specified NIJ threat level, the Product is only “ballistic resistant”, NOT “bullet proof”. Even where a Product has stopped a threat, some degree of injury to the user could occur, and death is still possible. Ballistics are highly unpredictable and projectiles of any sort can ricochet or deflect off of the Product, and/or shatter into fragments that can pass through the Product, in either case possibly resulting in injury or death.
v. The greater the amount of impacts and the closer the proximity of each impact, the greater the possibility a projectile may penetrate the Product, resulting in serious injury or death.
vi. Purchaser or its agents must carefully inspect each Product unit before using or installing it. Should the Product unit be broken, interrupted, cracked, or damaged in any way, it should immediately be sent to Virfex or its authorized dealer for an inspection using the RMA process described above. Do not use any Product unit if it is chipped, cracked, delaminated or separated, or shows any other physical change or deterioration. Any of the foregoing may either cause the product to be ineffective or indicate that it has become ineffective, exposing the user to increased risk of serious injury or death.
vii. Do NOT use the Product while under the influence of alcohol, cannabis, or any other legal or illegal drugs, or any medications at all except as advised by a doctor.